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SB19-172

Protect From Unlawful Abandonment And Confinement

Concerning crimes related to an at-risk person, and, in connection therewith, creating the crimes of unlawful abandonment and unlawful confinement and making an appropriation.

Session:

2019 Regular Session

Subject:

Crimes, Corrections, & Enforcement

Bill Summary

At-risk persons - unlawful abandonment - false imprisonment - appropriation. The act makes it a crime to unlawfully abandon an at-risk person. The intentional and unreasonable desertion of an at-risk person in a manner that endangers the safety of that person constitutes unlawful abandonment. Unlawful abandonment is a class 1 misdemeanor.

The act creates the crime of false imprisonment of an at-risk person if:

The person knowingly confines or detains an at-risk person in a locked or barricaded room or other space; and

Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the at-risk person; or

The person knowingly and unreasonably confines or detains an at-risk person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person's freedom of movement; or

The person knowingly and unreasonably confines or detains an at-risk person by means of force, threats, or intimidation designed to restrict the at-risk person's freedom of movement.

False imprisonment of an at-risk person is a class 6 felony pursuant to the first 2 ways to commit the crime and a class 1 misdemeanor pursuant to the third.

To comply with the statutorily-required prison costs of the act, the act appropriates:

For the 2019-20 state fiscal year, $110,652 from the capital construction fund to the corrections expansion reserve fund;

For the 2020-21 state fiscal year,$26,220 to the department of corrections from the general fund; and

For the 2021-22 state fiscal year, $1,902 to the department of corrections from the general fund.(Note: This summary applies to this bill as enacted.)

Amendments

* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

Bill History

Date

Location

Action

05/30/2019

Governor

Governor Signed

05/17/2019

Governor

Sent to the Governor

05/17/2019

House

Signed by the Speaker of the House

05/17/2019

Senate

Signed by the President of the Senate

05/02/2019

Senate

Senate Considered House Amendments - Result was to Concur - Repass

05/01/2019

House

House Third Reading Passed - No Amendments

04/30/2019

House

House Second Reading Special Order - Passed with Amendments - Committee

04/30/2019

House

House Committee on Appropriations Refer Unamended to House Committee of the Whole

04/25/2019

House

House Committee on Judiciary Refer Amended to Appropriations

04/23/2019

House

House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

04/18/2019

House

House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

04/15/2019

House

Introduced In House - Assigned to Judiciary

04/15/2019

Senate

Senate Third Reading Passed - No Amendments

04/12/2019

Senate

Senate Second Reading Special Order - Passed with Amendments - Committee